Coleman v. . Pleystead

Decided March 20, 1869

New York Court of Appeals · decided 1869-03-20

Action of slander for words spoken by defendant, of plaintiff, Sarah Coleman. After a verdict for the plaintiff, a motion was made at Special Term by defendants for a new trial on case and exceptions, which was denied. Defendants appealed to the General Term. After hearing at General Term, the court made its decision, in these words: “ New trial denied.” The plaintiffs then entered judgment in the action.

Decided 1869-03-20

The Court, pee Murray, J.

¶1 If the opinion of JusticeBacoh, in the case of Bergen v. Bradley and others (36 N. Y. R, 316), as to an appeal, is to be regarded as the decision of this court, it is decisive of this ease. As to the appeal, this case is in precisely the condition that was.

¶2 It is clear, fi’om that opinion, that this action is not before this court in such a form as to admit of review.

¶3 There is nothing shown by the report of that case, that on that question it was not the opinion of the court. It must be so regarded. In accordance therewith, this appeal should be dismissed with costs.

¶4 Appeal dismissed.

¶5 D. B. JProsser, for respondents.

¶6 D. J. BunderUn, for appellant.